Terms of Service

Woodburnsociety.com is owned and operated by Mara Skye Wolf (“Mara Skye Wolf”, “we”, “our”, “us”), a New Mexico sole proprietorship.

Woodburnscoiety.com reserves the right to change these terms and conditions at any time, and you agree that each visit you make to woodbuensociety.com shall be subject to the current terms and conditions as published on our website at www.woodburnsociety.com (the 'Web Site', which shall also include related mobile applications, widgets, APIs, emails and other related online products and services).

General Terms of Use

By accessing Woodburnsociety.com you are agreeing to be bound by these Web Site Terms & Conditions of Use and all applicable laws and regulations, and you agree that you are solely responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this site. Any claim relating to Woodburnsociety.com shall be governed by the laws of Taos County, New Mexico, USA. The materials contained on the Web Site are protected by applicable copyright and trademark laws.

Unless expressly permitted by supplemental terms, our sites and services are intended for general audiences 18 years of age and older, and access or use by anyone younger is not permitted.

Internet Etiquette

Electronic forums provided by Woodburnsociety.com have ground rules and established etiquette for posting messages or material to these forums. Users should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. You may not use the Web Site to impersonate another person or misrepresent that you have authorization to act on behalf of Woodburnsociety.com or any other party. All content transmitted by you should correctly identify you as the sender. Any attempt to alter the system configuration, to breach the security of the network, to gain unauthorized access to other users. email accounts, or any other attempt at 'hacking', is prohibited, and will result in the immediate cancellation of all access and privileges and the possibility of criminal and/or civil charges being brought.

Disclaimer and Limitation of Liability

Throughout the Web Site we have provided links and pointers to Internet sites maintained by third parties. Our linking to third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor any of our respective affiliated companies operate or control in any respect any information, products or services that third parties may provide on or through the Web Site or on websites linked to by us on the Web Site.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

The Web Site is provided for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. The Web Site should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.

Limited License

Woodburnsociety.com hereby grants you a limited license to view on your computer, print, or download any content made available on the Web Site for which a fee is not charged, for non-commercial, personal, or educational purposes only. Without limiting the generality of the foregoing you may not make any commercial use of such content, either alone or in or with any product which you distribute, or copy or host such content on your or any other person’s web site or FTP server. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trademark, trade name or other proprietary property of Woodburnsociety.com or any other party who owns or has proprietary rights to the content, information and materials provided on the Web Site.

Preservation of Intellectual Property Rights

All material on this site, including, but not limited to images, illustrations and multimedia materials, is protected by copyrights which are owned and controlled by Woodburnsociety.com or by other parties that have licensed their material to Woodburnsociety.com. Material from this Web Site or from any other web site owned, operated, licensed or controlled by Wood Burn Society may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by the respective providers thereof. The use of any such material on any other web site, ftp server or network environment is prohibited.

Changes and Improvements

Woodburnsociety.com may make changes, improvements, alterations or amendments in and to the products, services, information and materials contained on the Web Site including the terms and conditions of your use of this Web Site, without liability.

Jurisdictional Issues

Due to the nature of the Internet, it is not possible for Woodburnsociety.com to restrict access to its web site only to those jurisdictions in which it does business. Some or all of the products and services offered on this web site may not be eligible for solicitation in your jurisdiction. If you are accessing this web site from such a jurisdiction, you should not consider anything on this site as an offer to sell or as a solicitation to the public to purchase any product or service from Woodburnsociety.com. This site is for use only by persons residing in jurisdictions where such products and services may legally be sold.

Woodburnsociety.com offers services and programs in many parts of the world. The web site may refer to certain services or programs that are not available worldwide. Without specifically limiting the offers made on this web site, reference to such services or programs does not imply that Woodburnsociety.com intends to offer such service or programs in all countries or locations.

Unless otherwise specified, the materials contained on the Web Site are presented solely for the purpose of providing information to persons primarily located in the United States. This site is controlled and operated by Wood Burn Socity from its office in Taos, New Mexico, USA. Woodburnsociety.com makes no representation that any of the materials contained in the Web Site are appropriate or available for use in other locations or jurisdictions. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This agreement shall be governed by and construed in accordance with the laws of Taos County, New Mexico, USA. Any provisions of this Agreement which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of this Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties.

Privacy

Woodburnsociety.com has established a privacy policy covering the collection, use, and disclosure of user information, which can be found in our privacy policy.

Submissions

The Web Site may contain information, text, links, graphics photos, videos, audio, streams, or other materials (“Content”), including Content created with or submitted to the Web Site by you or through your account. You represent and warrant that: (i) you own the content posted by you on or through the Web Site or otherwise have the right to grant the license set forth below, and (ii) the Posting of your content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Because you alone are responsible for your Content, you may expose yourself to liability if you post or share Content without all necessary rights.

You retain any ownership rights you have in your Content, but you grant us the following license to use that Content:

When your Content is created with or submitted to the Web Site, you grant us a worldwide, royalty free, perpetual, irrevocable, non-exclusive, transferable and sublicensable license to use, copy, modify, adapt, prepare derivable works of, distribute, store, perform, and display your Content and any name, username, voice or likeness provided in connection with your Content in all media formats and channels now known or later developed anywhere in the world. You also agree that we may remove metadata associated with your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to your Content.

Any ideas, suggestions, and feedback about us or our Web Site that you provide to us are entirely voluntary, and you agree that we may use such ideas, suggestions, and feedback without compensation or obligation to you.

You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Woodburnsociety.com.

In order to maintain an informative and valuable service that meets the needs of the users of the Web Site and avoids the harm that can result from disseminating statements that are false, malicious, in violation of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse.

You may not:

  • Restrict or inhibit any other user from using and enjoying the Web Site.

  • Use the Web Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

  • Interfere with, disrupt or overburden any servers or networks used to provide the Web Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Web Site.

  • Use the Web Site to instigate or encourage others to commit illegal activities or cause injury or property damage or interfere with business interests or contractual relations of any person.

  • Gain unauthorized access to the Web Site, or any account, computer system, or network connected to this Web Site, by means such as hacking, password mining or other illicit means.

  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Web Site.

  • Use the Web Site to post or transmit any unlawful, harmful, threatening, abusive, libelous, flaming, hateful, offensive (whether in relation to sex, race, religion or otherwise), defamatory, obscene, vulgar, harassing, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law.

  • Use the Web Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

  • Use the Web Site to post or transmit any information, software or other material that contains a virus or other harmful component.

  • Use the Web Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

  • Use the Web Site to advertise or solicit to anyone to buy or sell products or services, to cease using the Web Site, to visit another competing Web Site, or to make donations of any kind, without our express written approval.

  • Scrape the Web Site or gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

All Content posted represents the opinions of the individuals or organizations posting that Content, and do not express our ideas or opinions. We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness or reliability of any of your Content. You agree to indemnify Woodburnsociety.com and each of its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing, or other provisions of these Terms and Conditions of Service.

You understand that we have no obligation to monitor any bulletin boards, chat rooms, web logs, or other areas of the Web Site through which users can supply information or material. However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms and Conditions of Service. We also reserve the right to deny access to the Web Site or any features of the Web Site to anyone, for any reasons, including as a result of persons who violate these Terms and Conditions of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.

Moderators

Acting as a moderator of a forum on Woodburnsociety.com is an unofficial, volunteer role. Moderators are not employees, contractors or agents of Woodburnsociety.com. Woodburnsociety.com are not responsible for actions or inactions of moderators. 

If you act as a moderator, you agree that: 

  • You will always act in good faith as a moderator. You should always maintain a calm and cordial demeanor as moderator.

  • You will not accept any gifts, favors or other compensation from third parties in connection with or related to your actions as a moderator.

  • You should not promote or advertise any particular product, brand or service, and should remain impartial.

  • You will comply with these Terms and Conditions of Service, along with the moderating guidelines and content policies of made available to you from time to time.  You will take appropriate action whenever you are notified of content that violates our policy or promptly escalate matters to us for review. To the extent you are uncertain about what is the appropriate action in particular circumstances, you will contact us.

  • You are not authorized to act on behalf of us and may not represent to others that you are authorized to act on behalf of, or otherwise bind us. 

  • As a moderator, you may receive or have access to confidential and/or non-public information. You will not publish any of this information online or share any of this information with third parties.  You will keep this information secure and will protect this information from being accessed or seen by others.  You will not use any of this information except in connection with your role as a moderator. If you believe any of this information in your possession has been accessed inappropriately, you will promptly contact us. You will continue to comply with the provisions in this paragraph, even after you are no longer a moderator.

  • We may revoke your right to moderate at any time, for any reason, and may in its sole discretion, overturn any action or decision that you make.

Copyright Policy

Woodburnsociety.com has adopted and implemented a copyright policy in accordance with the Digital Millennium Copyright Act of 1998.

In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which can be found on the U.S. Copyright Office website at: http://www.copyright.gov/legislation/dmca.pdf, we will respond to notices of alleged copyright infringement that comply with applicable law, are committed using our sites and services and are properly reported to our Copyright Agent identified below.

A DMCA request can be sent to us via the contact information below:

Wood Burn Society

710 Paseo Del Pueblo Sur, Unit D378

Taos, New Mexico, USA, 8751

Attention: Copyright Agent

909-2153357

Email: mara@woodburnsociety.com

 

In accordance with the DMCA, the written notice (the "DMCA Notice") must include the following:

  •  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  •  Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on a Website, a representative list of such works.

  •  The URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably sufficient to permit us to locate the material.

  •  Your name, address, telephone number and email address.

  •  A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

  • A statement that the information in the written notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on a Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. You may want to consult an attorney before taking any action pursuant to the DMCA.

Your Right to File a Counter-notice (for users)

If you believe your user content was wrongly removed due to a mistake or misidentification of the material, you can file a counter-notice with us that includes the following:

  1.  Your physical or electronic signature;

  2.  Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;

  3.  A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.

Upon receiving a counter-notice we will forward it to the complaining party and tell them we will restore your content within 10 business days. If that party does not notify us that they have filed an action to enjoin your use of that content on our Website before that period passes, we will consider restoring your user content to the site.

Repeat Infringers

It is our policy to close the accounts of users we identify as repeat infringers. We apply this policy at our discretion and in appropriate circumstances, such as when a user has repeatedly been charged with infringing the copyrights or other intellectual property rights of others.

Disclosures

We may disclose any communications concerning DMCA Notices or other complaints of rights violations with third parties, including the affected users, the rights holders, and third party databases that collect information on DMCA Notices.

Passwords

To use certain features of the Web Site, you will need a username and password, which you will receive through the Web Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Termination

We may cancel or terminate your right to use the Web Site or any part of the Web Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Web Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Web Site, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions of Service, shall survive.

 Subscription Plan Terms of Use

This Subscription Plan Terms of Use (the Subscription Terms) is a legally binding agreement between you and Wood Burn Society. Your use of the website located at www.woodbornsociety.com and your access to a paid Wood Burn Society subscription plan and service (Subscription Services), is subject to legally binding terms and conditions set forth in our terms of service, and our Privacy Policy all of which are hereby agreed to by you on the date hereof (the Effective Date) by subscribing to a Subscription Plan. Please read the Subscription Terms carefully. If you do not agree with or accept any part of these terms, you should not sign up for Subscription Services.

Subscription Plan

We will provide you with Subscription Services based on the plan (the Subscription Plan) and for the duration (the Term) selected by you on the Website. We may change our subscription plans, including your Subscription Plan, and the price of our Subscription Services from time to time; however, any price changes or changes to your Subscription Plan will apply no earlier than 30 days following notice to you. If you do not wish to accept the price change or change to your Subscription Plan, you can cancel before the change takes effect.

Payment; Recurring Charges

You may submit your credit card, debit card, or other payment information (Payment Information) via our Website to purchase the Subscription Services. We use third-party service providers to process your Payment Information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees. When you purchase your Subscription Plan, you expressly agree that you are authorizing recurring payments, and that we will automatically process your Payment Information using the payment method and at the recurring intervals (monthly or annually) you have agreed to, until the subscription is canceled by you or by us. If your Payment Information is declined, you must provide new Payment Information or your Subscription Plan will be canceled. If you provide new Payment Information and are successfully charged, your new subscription period will be based on the original renewal date and not the date of the successful charge.

Termination

Your Subscription Plan will automatically renew (each month or year) unless you cancel at least 24 hours before the end of your Term. Your subscription will remain active from the time you cancel until the end of your current billing period, and we do not refund or credit for partially used billing periods. You acknowledge at the end of your subscription, you will lose access to all features associated with your Subscription Plan. Wood Burn Society may terminate your Subscription Plan for non-payment of fees or for violating any agreement with us, including these Subscription Terms, the Website Terms of Use or our Privacy Policy, at any time without notice to you in its sole discretion.

General Disclaimer and Limitation of Liability

Your Subscription Plan and the related Subscription Services are provided on an as is basis and any use or reliance thereon is at your sole risk. Wood Burn Society makes no express or implied representation, warranty or guarantee of any kind regarding the Website, any Subscription Plan, the Subscription Services, Website visitors or the Website content, whatsoever. Wood Burn Society reserves the right to modify, suspend, discontinue subscriptions, any subscription services, or plans. Wood Burn Society is not responsible or liable for any loss or damages whatsoever, including, without limitation, any direct, indirect, incidental, special or consequential damages or other damages, arising from or in connection with the use of or access to, or the inability to use or access, or any changes made to, the Website, the Subscription Plan, the Subscription Services, or any other matter.

General

These Subscription Terms constitute the entire agreement about your access to a Subscription Plan and supersedes any other agreement, oral or written, about this subject matter, except for any prior agreement by you to the Website Terms of Use. In the event of any conflict between the Website Terms of Use and these Subscription Terms, these Subscription Terms will govern with respect to your use of Subscription Services.

We may modify these Subscription Terms, including the Terms of Service, at any time. Unless otherwise required by law, if we amend material terms to these Subscription Terms, we will notify you via the email address provided by you in your account to give you an opportunity to review any material changes to these Subscription Terms before they go into effect. By continuing to access or use the Subscription Plan services after non-material changes, or after reasonable notice of any material changes to the Subscription Terms, constitutes continued acceptance of those changes. If you do not agree, your only recourse is to terminate this agreement and cancel your Subscription Plan.